CHIEF MUNICIPAL OFFICER MUNICIPAL COUNCIL Vs. YOGENDRA KHANDEKAR

JUDGEMENT

(1.) The present Second Appeal is arising out of the judgment and decree dated 12/7/2011, passed in C.O.S.No. 74A/2010 by the 3rd Civil Judge, Class I, Dhar. The findings of fact arrived at by the trial Court have been affirmed by the learned District Judge, Dhar vide judgment and decree dated 10/5/2012 in Regular Appeal No. 9A/2011.

(2.) The appellant before this Court is Municipal Council, Dhar and the respondent before this Court is a retired employee of Municipal Council, Dhar aged about 73 years.

(3.) Brief facts of the case reveal that the respondent plaintiff has filed a suit against the appellant Municipal Council for specific performance of the contract with respect to the agreement dated 2/7/1990 which was executed between the appellant and respondent with respect to the plot bearing No. B/3, admeasuring 1162 sqft., @ Rs.4/- per square feet. That on 15/5/1990 a Resolution No. 191 was passed by the Municipal Council, Dhar with respect to the land bearing Survey No. 168 and Survey No. 170/1/2 Part and it was resolved that a residential colony would be developed by the Municipality Dhar for the employees of the Municipality in the name of HUDCO Karmchari Colony. The Housing Development Society was formed and the agreements were executed between the employees and the Municipal Council, Dhar.